In the State of Kentucky is my husband required by law to be on the deed?
Full Question:
Answer:
Kentucky Revised Statutes provide:
427.070 Right of spouse and children to homestead.
The homestead shall be for the use of the widow as long as she occupies it, and the unmarried infant children of the husband are entitled to a joint occupancy with her until the youngest unmarried child arrives at full age. The termination of the widow's occupancy shall not affect the rights of the children. The land may be sold, subject to the right of the widow and children, if a sale is necessary to pay the debts of the husband.
The homestead of a woman shall, in like manner, be for the use of her surviving husband and her children, situated as above. When the interest of the husband and children ceases, the homestead shall be disposed of in like manner and the proceeds applied on the same terms to her debts, or, if there are no debts, divided among her children.
Because of homestead statutes such as the above, a spouse has a property interest in the homestead whether the spouse’s name is on the deed or not. Unless the spouse whose name is on the deed signs the mortgage covering the homestead, the lender cannot foreclose on that spouse's interest.
The solution to the problem can be accomplished by your husband signing the mortgage as to his homestead rights only; or execute a waiver of his rights satisfactory to the lender which can be recorded in the land records.
